OVERVIEW OF SWISS SOCIAL SECURITY

Transcription

1 Federal Department of Home Affairs Federal Social Insurance Office International Affairs Division OVERVIEW OF SWISS SOCIAL SECURITY (The Agreement on the Free Movement of Persons concluded with the EC, the Agreement amending the EFTA Convention and international coordination Agreements on social security concluded with other States are reserved) as of Organisation... p. 2 Financing... p. 3 Sickness insurance... p. 8 Accident and occupational disease insurance... p. 13 Basic pension insurance (1st pillar)... p. 18 Old-age insurance... p. 18 Survivors' benefits... p. 22 Invalidity insurance... p. 24 Income compensation allowances in case of service and in case of maternity... p. 31 Supplementary benefits to the first pillar... p. 33 Occupational benefit plans concerning old-age, survivors and invalidity (2nd pillar)... p. 34 Linked individual provident measures (3rd pillar a)... p. 39 Family allowances... p. 40 Unemployment insurance... p. 42 INT/OI/2018 (V.o. français)

2 ORGANISATION Federal Office of Public Health (OFSP) Federal Social Insurance Office (OFAS) OFAS and cantons Sickness Maternity (benefits in kind) Accidents and occupational diseases Old-age, survivors and invalidity (1 st pillar), income compensation allowances and supplementary benefits Occupational benefit plans concerning oldage, survivors and invalidity (2 nd pillar) Linked individual provident measures (3 rd pillar a) Family allowances State Secretariat for Economic Affairs (SECO) Unemployment Recognised sickness funds (public funds and private funds) Private insurance companies subject to the Federal Law on Insurance Supervision of December 17, 2004, and authorised to provide social sickness insurance Joint institution which pays for the cost of legally required benefits in the event of bankruptcy of an insurer Swiss Foundation for health promotion Swiss National Fund for Accident Insurance (CNA); this insures about 52% of workers Other insurers: - Private insurance companies subject to the Federal Law on Insurance Supervision of December 17, Public accident insurance funds - Sickness funds pursuant to the Federal Law on Sickness Insurance Supervision of September 26, 2014 Substitute fund, managed by the abovementioned insurers (except CNA); this pays the legal benefits to the workers being victims of an accident whom the CNA has not the competence to insure and who have not been insured by their employer Compensation funds (public or occupational) Central compensation office Also for invalidity: invalidity insurance cantonal offices AI Office for insured persons residing abroad For supplementary benefits: Cantonal compensation funds, except in the cantons of Geneva, Zurich and Basle City Registered provident institutions Safety Fund (Central Office for 2nd pillar included) Substitute institution Banks (blocked accounts) Private insurance institutions (insurance policies) Federal system (agricultural employees and selfemployed farmers): Cantonal compensation funds Cantonal systems (excluding agriculture): Compensation funds for family allowances (recognised professional or interprofessional funds and cantonal funds) Public unemployment funds (cantonal) and recognised private unemployment funds Unemployment insurance compensation body (compensation fund included) Authorities designated by the cantons Regional employment offices Tripartite Commissions AVS compensation funds AVS Central compensation office Employers Supervision Commission

3 - 3 - FINANCING Sickness and maternity Health care insurance CONTRIBUTIONS The insurer fixes the premiums to be paid by those it insures. The amount of these premiums must be approved of by the OFSP. The insurer charges all those it insures the same premiums. It grades in principle the premiums according to costs differences between cantons and may do so between regions. The regions are delimited uniformly for all the insurers. The insurer must fix a lower premium for insured persons under the age of 18 (children) than for older insured persons (adults). It may also do so for insured persons under the age of 25 (young adults). For special types of insurance see p. 11. PARTICIPATION BY PUBLIC AUTHORITIES Cantons finance a system to reduce the premiums for insured persons with low incomes. For this purpose, the Confederation grants to cantons yearly subsidies corresponding to 7.5% of gross expenses of the insurance, distributed according to the population of each canton. In 2018: federal subsidies up to Sfr. 2,745 million. Sickness Daily allowances The insurer fixes the premiums to be paid by those it insures. It charges the same premiums for the same insured benefits. But it may grade premiums according to age of entry or region. If a waiting period applies to the payment of daily allowances the insurer must reduce its premiums accordingly.

4 FINANCING (continued) Accidents and occupational diseases CONTRIBUTIONS Non-occupational accidents: Employees: Per mil of insured salary. The premium rate varies according to the classification of the company. Employer: Unemployed persons (CNA): 37.7 per mil *. PARTICIPATION BY PUBLIC AUTHORITIES Occupational accidents and diseases: Employee: Employer: Per mil of insured salary. Net premiums corresponding to risk, plus supplements for administrative expenses, prevention, etc. Companies fall into various classifications and premium stages according to the degree of accident risk and the specific circumstances of each company. Maximum insured salary: Sfr. 148,200. per year. * 25.1 per mil are directly deducted from the daily allowance of the unemployment insurance; the remaining 12.6 per mil are financed by the compensation fund of the unemployment insurance.

5 FINANCING (continued) Old-age and survivors (1st pillar) CONTRIBUTIONS Employee : 4.2% of the income (no upper limit). Employer : 4.2% of the income (no upper limit). Self-employed : 7.8% (reduction of the contribution rate on a digressive scale). Those not engaged according to social conditions, the in paid employment : amount varies between Sfr and Sfr. 19,600. per year. PARTICIPATION BY PUBLIC AUTHORITIES Confederation : 19.55% of annual insurance expenditure. VAT : 13.33% of total annual revenue of the VAT is allocated to the old-age and survivors' insurance. Revenue of the tax on gambling clubs. The helplessness allowance is exclusively financed by the Confederation. Invalidity (1st pillar) Employee : 0.7% of the income (no upper limit). Employer : 0.7% of the income (no upper limit). Self-employed : 1.4% (reduction of the contribution rate on a digressive scale). Those not engaged according to social conditions, the in paid employment : amount varies between Sfr. 65. and Sfr. 3,250. per year. Confederation : contribution depending on economic evolution but at most 50% and at least 37.7% of annual insurance expenditure. The helplessness allowance and the extraordinary pensions are exclusively financed by the Confederation. Income compensation allowances in case of service Income compensation allowance in case of maternity Employee : 0.225% of the income (no upper limit). Employer : 0.225% of the income (no upper limit). Self-employed : 0.45% (reduction of the contribution rate on a digressive scale). Those not engaged according to social conditions, the in paid employment : amount varies between Sfr. 21. and Sfr. 1,050. per year. Supplementary benefits Annual supplementary benefits: Expenses covered by the Confederation (5/8) and cantons (3/8). Reimbursement of costs due to sickness and disability: Expenses covered by cantons.

6 - 6 - FINANCING (continued) Occupational benefit plans concerning old-age, survivors and invalidity (2nd pillar) CONTRIBUTIONS According to the regulations of provident institutions (these should, however, guarantee that they can honour their commitments). Contributions by the employer and the employee; the sum of the contributions of the employer should be at least equal to the sum of the contributions of his employees. The Safety Fund is financed by the contributions of the provident institutions subject to the Federal Law on Vested Benefits in Occupational Benefit Plans and by return on assets. PARTICIPATION BY PUBLIC AUTHORITIES Linked individual provident measures (3rd pillar a) The annual amount of the contributions is determined by the insured person. The contributions are deductible from taxable income up to: Sfr. 6,768. per year for employed persons. 20% per year of income from earnings for self-employed, at the most Sfr. 33,840..

7 - 7 - FINANCING (continued) CONTRIBUTIONS Family allowances Federal system Employee : Employer : 2% of the salary. Self-employed farmer : Cantonal systems Employee : (except Valais: 0.3% of the salary). Employer : from 0.1 to 3.44% of the salary according to the funds. Self-employed : from 0.3 to 3.4% of the income according to the funds; maximum insured income: Sfr. 148,200. per year. PARTICIPATION BY PUBLIC AUTHORITIES Deficit covered by the Confederation (2/3) and cantons (1/3). Expenses covered by the Confederation (2/3) and cantons (1/3). The cantons finance the family allowances for persons not engaged in paid employment. Unemployment insurance 2.2% (employee: 1.1%; employer: 1.1%) of the salary up to Sfr. 12,350. per month. 1% (employee: 0.5%; employer: 0.5%) of the salary from Sfr. 12,350. per month (solidarity contribution). The Confederation contributes to the costs of the employment service and of the active labour market programmes at the rate of 0.159% of the total amount of salaries subject to contributions. If necessary, the Confederation grants short-term loans according to the market conditions.

8 - 8 - SICKNESS INSURANCE LEGISLATION SCOPE The Federal Law on Sickness Insurance of March 18, 1994 (LAMal) The Federal Law on Sickness Insurance Supervision of September 26, 2014 (LSAMal) The Federal Law on General Provisions concerning Legislation on Social Insurances of October 6, 2000 (LPGA) Social sickness insurance includes compulsory health care insurance and optional daily allowance insurance. Sickness insurance funds have the right to provide insurance cover in addition to social sickness insurance. However, this is not regulated by the LAMal but by the Federal Law on Insurance Contracts of April 2, DEFINITIONS Sickness means any impairment to physical, mental or psychological health which is not due to an accident and which requires medical examination or treatment and/or results in incapacity to work, and congenital disease means any disease existing at the completed birth of the child. Accident means any unexpected and involuntary injury to the human body resulting from an extraordinary external cause which is harmful to physical, mental or psychological health or which leads to death. Maternity includes pregnancy, delivery and the period of convalescence hereafter. MEDICAL AND PHARMACEUTICAL CARE INSURANCE Insured persons All persons domiciled in Switzerland (exceptions are listed in the Ordinance on Sickness Insurance of June 27, 1995). The persons who must be insured may choose their insurer freely. Claim prerequisites No qualifying period required.

9 SICKNESS INSURANCE (continued) MEDICAL AND PHARMACEUTICAL CARE INSURANCE (continued) Benefits a) General benefits in case of sickness, maternity, accident (not covered by an accident insurance), congenital disease (not covered by the invalidity insurance scheme) and legal abortion: Examination and treatment of out-patients, in a hospital or in a medico-social establishment as well as care in a hospital by doctors, chiropractors or persons providing benefits by prescription or on doctor's orders; Contribution to out-patient care provided on the basis of a medical prescription and of an established need for care, in particular in day- or night-care facilities or in a medico-social establishment; acute and transition care which is necessary after a hospital stay, prescribed by a doctor in hospital, for two weeks at the most; Analyses, medicaments, diagnostic and therapeutic services and equipment prescribed by a doctor or, within the limits fixed by the Federal Council, by a chiropractor; Participation in the cost of spa treatment prescribed by a doctor; Rehabilitation measures carried out or prescribed by a doctor; Stays in hospital corresponding to the standard of the general ward; Stays in a birth centre in the case of delivery; A contribution to medically necessary transport and rescue costs; Services of the pharmacists (advice) when handing over prescribed drugs. b) Prevention measures: Payment for specific examinations intended to detect sicknesses in time and prevention measures for patients particularly at risk. Such examinations and prevention measures must be carried out or prescribed by a doctor. c) Benefits specific to maternity: Check-ups both during and after pregnancy carried out by a doctor or a midwife or prescribed by a doctor; A contribution to pre-natal preparatory courses; Delivery at home, in hospital or in a birth centre and the assistance of a doctor or a midwife; Advice on breast-feeding; Care provided to the healthy newborn child as well as board and accommodation as long as he/she stays in hospital with the mother. d) Dental care: Payment for dental care in one of the following circumstances: If it is due to a serious and unavoidable disease of the mastication system; If it is due to any other serious disease or its after-effect; If it is necessary for the treatment of a serious disease or its after-effects; Also payment for the treatment of injuries to the mastication system caused by an accident which is not covered by an accident insurance.

10 SICKNESS INSURANCE (continued) MEDICAL AND PHARMACEUTICAL CARE INSURANCE (continued) Beginning of entitlement to benefits Duration of entitlement to benefits Services covered Choice of supplier Cover of expenses From the onset of the sickness. Unlimited duration. Doctors; Pharmacists; Dentists; Chiropractors; Midwives; Physiotherapists, ergotherapists, nurses, logopedists, dieticians providing care on prescription or on doctor's orders, including organisations which employ such persons; Laboratories; Centres supplying diagnostic and therapeutic services and equipment; Hospitals; Birth centres; Medico-social establishments; Spa centres; Transport and rescue companies; Out-patient institutions offering medical services provided by doctors. Insured persons may choose freely any supplier of the above services authorised and capable of treating their sickness. The Federal Council has introduced for a limited period until 30 June 2019 a limitation, according to needs (needs test), of the number of doctors authorised to provide medical services at the insurance s expense in the out-patient sector. In case of treatment of out-patients, the insurer covers expenses according to the tariff applicable to the supplier chosen by the insured person. In case of treatment in a hospital, the insurer covers only the costs up to the tariff in force in the canton of residence of the insured person. There are special provisions for emergencies or in case the insured person turns to another supplier of services for medical reasons.

11 SICKNESS INSURANCE (continued) MEDICAL AND PHARMACEUTICAL CARE INSURANCE (continued) Participation by insured persons A fixed amount per calendar year (excess, deductible, franchise ), but only for adults *, and a share of costs in %. In addition, in the case of hospital stays, insured persons over 25 pay a contribution to the cost of board and accommodation. Ordinary excess: Sfr per calendar year. Share of costs: 10% of costs above the excess, up to Sfr for adults and Sfr for children (however, several children of one family insured by the same insurer pay together a maximum of Sfr. 1,000. ). The share of costs amounts to 20% for drugs whose price exceeds by more than 20% the average price of the cheapest third of the drugs with the same active substance. Contribution to the cost of board and accommodation in the case of hospital stays: Sfr. 15. per day (not limited in time). No participation is required in the case of maternity benefits, nor in the case of medical treatment to women between the 13th week of pregnancy and the 8th week following delivery. Special types of insurance resulting in premium reductions Insurance with a choice of excess: The insurer may provide, in addition to ordinary insurance for health care, insurance cover in which adults may choose higher excess and in which children may pay excess. Possible higher excess for adults are Sfr. 500., 1,000., 1,500., 2,000. and 2,500. and possible excess for children are Sfr. 100., 200., 300., 400., 500. and Insurance with bonus: The insurer may provide, in addition to ordinary insurance for health care, insurance cover in which a premium reduction is granted when the insured person has not received benefits for one year. This does not apply to maternity benefits and prevention measures. Insurance which limits the choice of the supplier of services: The insurer may provide, in addition to ordinary insurance for health care, insurance cover which limits the choice of the supplier of services. The insurer may give up charging wholly or partly the share of costs and the excess. * Over 18 years old.

12 SICKNESS INSURANCE (continued) DAILY ALLOWANCE INSURANCE Persons who can be insured Claim prerequisites Reservations Change of insurer Waiting period Amount of the allowance Duration of payment Any person between the ages of 15 and 65, domiciled or in gainful employment in Switzerland may conclude a daily allowance insurance contract. An individual contract of employment, a standard contract of employment or a collective labour agreement may make such insurance mandatory. In this case, the daily allowance insurance may be taken out as a collective insurance contract. No qualifying period. The insurers may exclude from cover, by making a reservation, sicknesses from which a person is suffering at the time of admission. The same is true for previous sicknesses if experience shows that recurrence is possible. Reservations end after 5 years at the latest. The new insurer is not allowed to set up new reservations if the insured person has changed insurer because the taking up of an employment or the end of it requires such change, or because the insured leaves the geographical field of activity of his/her previous insurer, or because the insurer ceases to provide social sickness insurance. The new insurer may maintain the reservations set up by the previous insurer until the initially set up term expires. The insured person must assert the above mentioned rights within three months. In the absence of an agreement to the contrary, this benefit becomes payable on the third day following the onset of the sickness. Payment of these benefits may be delayed on condition that the premium is reduced accordingly. The insurer reaches an agreement with the insured person on the amount of daily allowance to be insured. At least 720 days in a period of 900 days.

13 ACCIDENT AND OCCUPATIONAL DISEASE INSURANCE LEGISLATION Persons insured Beginning and end of insurance * Subrogation Responsibility of the employed person The Federal Law on Accident Insurance of March 20, 1981 (LAA) The Federal Law on General Provisions concerning Legislation on Social Insurances of October 6, 2000 (LPGA) All employed persons working in Switzerland, as well as unemployed persons who satisfy the conditions contained in Article 8 of the Federal Law on Unemployment Insurance of June 25, 1982, are subject to compulsory insurance (p. 43). An employed person is a person performing a gainful employed activity in the sense of the LAVS. Self-employed persons domiciled in Switzerland may choose to be insured. Insurance cover comes into effect the day on which the employment contract or the entitlement to salary begins but at the latest from the time when the employed person leaves his/her place of abode in order to travel to his/her place of employment. Insurance cover ends at the end of the 31th day following the day on which his/her entitlement to a half-salary ceases (the insurer must offer the insured person the opportunity of prolonging his/her insurance by special agreement for 6 months at the most). The Federal Council specifies other types of remuneration or benefit which may be considered as equivalent to salaries. From the time of occurrence of the damaging event, the insurer has a right to recourse against any responsible third party to the extent of the legal benefits due to the insured person or to his/her survivors. If the impairment to health or death has been caused intentionally, no insurance benefit is due, other than the grant for funeral costs. A non-occupational accident due to gross negligence on the part of the insured person may result in a reduction in daily cash benefits for no longer than two years. If the insured person was the cause of his/her accident as a result of committing a criminal offence, cash benefits may be reduced or refused altogether. * There exists a special set of regulations for the unemployed.

14 ACCIDENT AND OCCUPATIONAL DISEASE INSURANCE (continued) RISKS COVERED Definitions Occupational accident Non-occupational accident Occupational disease Accident means any unexpected and involuntary injury to the human body resulting from an extraordinary external cause which is harmful to physical, mental or psychological health or which leads to death. Disease means any impairment to physical, mental or psychological health which is not due to an accident and which requires medical examination or treatment and/or results in incapacity to work. Accident of which the insured person is victim while carrying out duties at the behest of his/her employer or in the latter's interest, or during a break, as well as before or after work, when he/she is legitimately at his/her work place or in a danger zone related to his/her employment. All other accidents, including in principle accidents on the way to and from his/her place of employment. Any disease due exclusively or mainly to harmful substances or certain types of work (see list of substances and types of work) while the insured person is engaged in his/her employment, as well as any other disease which may be proved to be due exclusively or mainly to the professional duties of the insured person (general clause). BENEFITS FOR MEDICAL CARE AND REIMBURSEMENT OF EXPENSES Appropriate medical treatment out-patient treatment provided by a doctor, a dentist or, on their prescription, by paramedical staff and by a chiropractor, as well as outpatient treatment provided in a hospital; medicaments and tests prescribed by a doctor or a dentist; treatment, board and accommodation in the general ward of a hospital; supplementary treatment and spa treatment prescribed by a doctor; equipment required for healing. Free choice of doctor, dentist, chiropractor, pharmacy and hospital or spa centre. Auxiliary equipment of a simple and adequate type to compensate for physical damage or loss of a function; either lent or given in property. Material damage: the insured person is entitled to receive compensation for damage caused by an accident to objects which replace a part of the body or a bodily function (the cost of replacing spectacles, hearing aids and dental apparatus is covered only on specific conditions). Necessary rescue costs, as well as travel and transport costs which are medically necessary. Reimbursement of expenses incurred abroad is limited. Transport costs for the body of an insured person, and funeral costs.

15 ACCIDENT AND OCCUPATIONAL DISEASE INSURANCE (continued) CASH BENEFITS DAILY CASH BENEFIT * Beginning and end of entitlement Amount Insured salary for the calculation of the daily cash benefits Daily cash benefit, invalidity pension, integrity allowance, helplessness allowance, survivors' pension, lump-sum benefit. Entitlement begins on the 3rd day following the day the accident occurred. It ends when the insured person has recovered his/her full working capacity, or when a pension is paid, or when the insured person dies. 80% of the insured salary. If incapacity is only partial, there is a proportional reduction. In case of hospital stays, there may be a reduction for participation in living expenses, except for insured persons responsible for their children who are minors or who are engaged in studies or apprenticeship. The last salary which the insured person received before the accident. This salary is converted in an annual salary and divided by 365. Maximum: Sfr per day. INVALIDITY PENSION Definition Beginning and end of entitlement Minimum degree of invalidity Invalidity is full or partial earnings incapacity, presumed to be permanent or of long duration. Earnings incapacity is any reduction of all or part of the insured person s earnings possibilities in a balanced labour market that comes into consideration, if this reduction results from physical, mental or psychological impairment and persists after completion of the required treatments and rehabilitation measures. Entitlement to a pension begins when it is no longer reasonable to expect a substantial improvement in the condition of the insured person from continuation of medical treatment, and after completion of any necessary rehabilitation measures of the invalidity insurance. Entitlement ends when the pension is replaced in its entirety by a lump-sum benefit, or when it is repurchased, or when the insured person dies. If the degree of invalidity is at least 10%, the insured person is entitled to an invalidity pension under the condition that the accident occurred before the ordinary retirement age. To evaluate the degree of invalidity, the income which the person could have earned if he/she were not disabled is compared to the income which he/she could earn exercising the employment that could reasonably be required in a balanced labour market, after completion of treatments and rehabilitation measures. Amount Full invalidity: Partial invalidity: 80% of the insured salary. Proportional reduction. When the insured person reaches the ordinary retirement age, the invalidity pension and the supplementary pension (p. 17) are reduced according to the age the insured person had when the accident occurred and according to his/her invalidity degree (this rule, which aims at avoiding the overinsurance, will be effective as from 2025). Insured salary for the calculation of the invalidity pension The salary which the insured person received during the year preceding the accident. Maximum: Sfr. 12,350. per month. * There exists a special set of regulations for the unemployed.

16 ACCIDENT AND OCCUPATIONAL DISEASE INSURANCE (continued) LUMP-SUM BENEFIT When it may be assumed from the nature of the accident and the behaviour of the insured person that he/she will recover his/her earnings capacity if he/she receives a single benefit, periodic benefits cease to be paid and the insured person receives a lump-sum benefit amounting to a maximum of three times the annual insured salary. INTEGRITY ALLOWANCE This is a lump-sum benefit, graded according to the severity of the damage to integrity; it cannot exceed the maximum of the annual insured salary at the time of the accident. HELPLESSNESS ALLOWANCE A person is deemed helpless when he/she has permanent need of the help of a third party or personal supervision to carry out basic everyday activities because of health impairment. The helplessness allowance is fixed according to the degree of helplessness.

17 ACCIDENT AND OCCUPATIONAL DISEASE INSURANCE (continued) SURVIVORS' PENSIONS Surviving spouse * Entitlement Amount of pension Amount of the lump-sum benefit Orphan Entitlement Widows and widowers who, on the death of their spouse, have one or several children entitled to a pension or who are disabled to the extent of at least 2/3; widows who have one or several children not entitled any more to a pension or who have completed their 45th year. Widows are entitled to a lump-sum benefit when they do not fulfil the prerequisites for the entitlement to a pension; a divorced spouse is considered as equivalent to a widow or a widower if the insured person was obliged to pay alimony. 40% of the insured salary. The pension of a divorced spouse is equal to 20% of the insured salary, but not more than the alimony which is due. This depends on the duration of the marriage: Less than one year: the amount of the annual pension More than one year but less than five years: three times the amount of the annual pension More than five years: five times the amount of the annual pension Pension for an orphan of a father and/or of a mother Amount Orphan of a father or a mother: Orphan of a father and a mother: 15% of the insured salary. 25% of the insured salary. Duration of entitlement Total for all rightful claimants Insured salary for the calculation of the survivors' pensions A surviving spouse's pension ends on remarriage, or on the death of the rightful claimant, or on repurchase of the pension. An orphan's pension ends on completion of the 18th year (the 25th year in case of apprenticeship or studies) or death of the orphan, or on repurchase of the pension. In cases where there are several survivors, the total of such survivors' pensions cannot amount to more than 70% of the insured salary (90% when they include a pension for a divorced spouse). As for the invalidity pension. REVALUATION CONCURRENCE OF BENEFITS Accident insurance pensions are adjusted to the development of prices, at the same time as those of the basic pension insurance (1st pillar). If there is concurrence with the benefits of the AVS/AI, the accident insurance in principle allows only a supplementary pension whose amount corresponds to the difference between 90% of the insured salary and the AVS or AI pension, but at the most to the amount to which those concerned would have been entitled from the accident insurance alone. * For its whole duration the registered same-sex partnership is treated as marriage and its judicial dissolution as divorce; the surviving registered partner is treated as a widower.

18 BASIC PENSION INSURANCE (1st pillar) OLD-AGE INSURANCE LEGISLATION Purpose Compulsory insurance Optional insurance Obligations The Federal Law on Old-Age and Survivors Insurance of December 20, 1946 (LAVS) The Federal Law on General Provisions concerning Legislation on Social Insurances of October 6, 2000 (LPGA) Article 112 of the Federal Constitution provides that the pensions of the old-age, survivors and invalidity insurance (1 st pillar) must cover the basic needs in an appropriate way. All persons who are domiciled or engaged in paid employment in Switzerland are subject to compulsory insurance. Swiss nationals working abroad for the federal government, for international organizations with whom the Federal Council has concluded a headquarter agreement, or for private volunteer organizations that receive substantial support from the government are also subject to it. The law permits some exceptions to this compulsory insurance. Following persons may remain insured: - Persons working abroad for an employer in Switzerland and paid by that employer, provided the latter agrees. - Students without paid employment who leave their domicile in Switzerland in order to pursue education abroad, until December 31 of the year in which they complete their 30 th year. Swiss nationals and citizens of the EU or EFTA Member States who live abroad in a non-eu or non-efta Member State and who are not subject to compulsory insurance any longer after an uninterrupted period of five years may join the optional insurance. - Insured persons are required to pay contributions as long as they are engaged in paid employment. - For persons not engaged in paid employment, the obligation starts on January 1 of the year following that in which they complete their 20th year and continues until the end of the month in which they reach the age of 65 (for men) / 64 (for women). - Two categories of young employed persons are not required to pay contributions. - The following are considered to have paid their contributions themselves provided that their spouse * has paid contributions equivalent to at least double the minimum contribution: a. spouses* of insured persons engaged in paid employment who are not themselves so engaged; b. persons who work in an enterprise belonging to their spouse* without receiving cash payment. ORDINARY OLD-AGE PENSIONS General claim prerequisites - For Swiss nationals: to have reached the age of 65 (for men), or 64 (for women) provided at least one complete year of contributions may be taken into account; - For foreign nationals: as for Swiss nationals, provided they maintain their domicile and permanent residence in Switzerland. * For its whole duration the registered same-sex partnership is treated as marriage.

19 BASIC PENSION INSURANCE (1st pillar) OLD-AGE INSURANCE (continued) ORDINARY OLD-AGE PENSIONS (continued) Calculation of the pension Average annual income Income from paid employment Splitting Bonuses for childraising Bonuses for caretaking On the basis of the average annual income and the years of contributions. This is made up as follows: - income from paid employment; - bonuses for child-raising; - bonuses for care-taking. Income from paid employment upon which contributions have been made is taken into account; the contributions of persons not engaged in paid employment are converted and counted as income from paid employment; income earned by spouses * during the calendar years of their marriage* are divided, half being attributed to each spouse* (splitting). Division of income takes place in the following circumstances: - when both spouses* are entitled to the pension; - when a widow or a widower* is entitled to an old-age pension; - when a marriage is dissolved following divorce*. Insured persons may claim a bonus for child-raising for the years during which they have exercised parental authority over one or several children aged below 16. Persons living as a married couple may claim only one bonus. The bonus corresponds to three times the amount of the annual minimum oldage pension, this amount having been fixed when the entitlement to the pension began. The bonus is divided equally between spouses* during the calendar years of their marriage*. For divorced or non-married parents jointly exercising parental authority, the whole bonus for child-raising is paid to the parent mainly caring for the children or the bonus is divided by two when both parents are equally taking care for the children. Insured persons caring for relatives in ascending or descending line or for brothers or sisters who are entitled to an AVS or AI helplessness allowance for moderate degree of helplessness at least may claim a bonus for care-taking, if they can easily reach their relative in need of care. If an entitlement to a bonus for child-raising exists, a bonus for care-taking may not be attributed to cover the same period. The bonus corresponds to three times the amount of the annual minimum old-age pension, this amount having been fixed when the entitlement to the pension began. The bonus is included in the individual account, and entitlement to the bonus must be justified each year in writing; if the insured person has not justified the entitlement within five years counting from the end of the calendar year during which the assisted person was in his/her care, it is no longer possible to include the bonus in the individual account. The bonus is divided equally between spouses* during the calendar years of their marriage*. * For its whole duration the registered same-sex partnership is treated as marriage and its judicial dissolution as divorce; the surviving registered partner is treated as a widower.

20 BASIC PENSION INSURANCE (1st pillar) OLD-AGE INSURANCE (continued) ORDINARY OLD-AGE PENSIONS (continued) Period of contributions Years of contributions Complete pension and partial pension Supplement This is complete when a person may show the same number of years of contributions as that of his/her age group. Years of contributions are defined as follows: - those during which an insured person has paid contributions; - years in which the spouse * of an insured person (the latter not having engaged in paid employment or having worked in an enterprise belonging to the spouse* without cash payment) has paid at least twice the minimum contribution; - those for which bonuses for child-raising or care-taking may be taken into account. A complete pension is paid when the period of contributions is complete; a partial pension is paid when the period of contributions is incomplete. Widows and widowers* drawing an old-age pension are entitled to a supplement of 20% of their pension. The pension and the supplement may not exceed the maximum amount of an old-age pension. Revaluation Adjustment of pensions, in principle every two years to the development of wages and prices by adapting the pension index. Early adjustment when the consumer price index has increased by more than 4% in one year. Early payment and postponement Persons who have fulfilled the claim prerequisites for an ordinary old-age pension may obtain payment one or two years early; the amount by which the pension is reduced in consequence is 6.8% per year of early payment. Persons entitled to an ordinary old-age pension may postpone the beginning of payment for no less than one year but no more than five years; in such case the pension is increased by between 5.2% and 31.5%. End of entitlement On the death of the insured person. * For its whole duration the registered same-sex partnership is treated as marriage and its judicial dissolution as divorce; the surviving registered partner is treated as a widower.

21 BASIC PENSION INSURANCE (1st pillar) OLD-AGE INSURANCE (continued) ORDINARY OLD-AGE PENSIONS (continued) Types and amounts of complete pension Old-age pension: a minimum of Sfr. 1,175. per month, a maximum of Sfr. 2,350. per month; the total amount of old-age pensions paid to a couple * may not exceed 150% of the maximum amount of the old-age pension, i.e. Sfr. 3,525. per month. Child's pension: persons receiving an old-age pension are entitled to a child's pension for each child who would be entitled to an orphans pension on the death of such persons; the child's pension amounts to 40% of the old-age pension in question (but a minimum of Sfr per month and a maximum of Sfr per month); if both parents are entitled to a child's pension, the total of the two child's pensions may not exceed 60% of the maximum old-age pension, i.e. Sfr. 1,410. per month. HELPLESSNESS ALLOWANCE Definition Claim prerequisites A person is deemed helpless when he/she has permanent need of the help of a third party or personal supervision to carry out basic everyday activities because of health impairment. - To be domiciled and to have permanent residence in Switzerland. - To be entitled to an old-age pension or supplementary benefits, to suffer from severe, moderate or slight helplessness and not to be entitled to a helplessness allowance under the accident insurance or military insurance schemes. Entitlement to allowance for slight helplessness ends in case of stay in an institution. Persons receiving an AI helplessness allowance at the end of the month in which they reach retirement age receive an AVS helplessness allowance which is at least equal to it. Degree of helplessness Severe Sfr per month (80% of the minimum old-age pension amount) Moderate Sfr per month (50% of the minimum old-age pension amount) Slight Sfr per month (20% of the minimum old-age pension amount) PERSONAL ASSISTANCE ALLOWANCE Claim prerequisites A person who receives an AI personal assistance allowance until retirement age or until early payment of the old-age pension continues to be entitled to it, up to the amount received until then. * For its whole duration the registered same-sex partnership is treated as marriage.

22 BASIC PENSION INSURANCE (1st pillar) SURVIVORS BENEFITS LEGISLATION The Federal Law on Old-Age and Survivors Insurance of December 20, 1946 (LAVS) The Federal Law on General Provisions concerning Legislation on Social Insurances of October 6, 2000 (LPGA) ORDINARY WIDOWS AND WIDOWERS PENSIONS * Claim prerequisites - Widows and widowers who, on the death of their spouse, have one or several children (special provisions exist for foster children); - Widows who have no children (nor foster children in the sense of the special provisions), provided that they have completed their 45th year and were married for at least five years; - Divorced persons are considered as equivalent to widows or widowers provided they fulfil certain conditions. Beginning of entitlement End of the entitlement The first day of the month following the death of the spouse. On remarriage, on death; when there is entitlement to an old-age or invalidity pension, the widows' or widowers' pension is still paid if its amount is higher. Widowers pensions end when the youngest child reaches the age of 18. ORDINARY ORPHANS PENSIONS Claim prerequisites Children whose father or mother is deceased are entitled to an orphan s pension. When both parents are deceased, they have the right to two orphans pensions. Beginning of entitlement End of the entitlement The first day of the month following the death of the father or the mother. - On the death of the orphan; - On completion of the 18th year (the 25th year in the case of apprenticeship or studies); - On entitlement to an AI pension or to a widows or widowers pension, if the latter is higher. * For its whole duration the registered same-sex partnership is treated as marriage and its judicial dissolution as divorce; the surviving registered partner is treated as a widower.

23 BASIC PENSION INSURANCE (1st pillar) SURVIVORS BENEFITS (continued) ORDINARY SURVIVORS PENSIONS (continued) Types and amounts of complete pension Widow s or widower s pension: 80% of the old-age pension corresponding to the revalued average annual income; but a minimum of Sfr per month and a maximum of Sfr. 1,880. per month. Orphan s pension: 40% of the old-age pension corresponding to the revalued average annual income; but a minimum of Sfr per month and a maximum of Sfr per month. If both parents are deceased, the orphans pensions must be reduced if they exceed 60% of the maximum old-age pension, i.e. Sfr. 1,410. per month. EXTRAORDINARY PENSIONS Claim prerequisites An extraordinary pension is granted to Swiss nationals who have their domicile and permanent residence in Switzerland, when the minimum period of contributions required for entitlement to an ordinary pension does not exist and when the beneficiary or the deceased insured person has nevertheless been insured during the same number of years as that of his/her age group. In the case of widows, widowers * and orphans, entitlement to an extraordinary survivors pension arises only when the insured event concerning a deceased person occurred before the latter completed his/her 21st year. * The surviving registered partner is treated as a widower.

24 BASIC PENSION INSURANCE (1st pillar) INVALIDITY INSURANCE LEGISLATION Purpose Insured persons Obligations Definition The Federal Law on Invalidity Insurance of June 19, 1959 (LAI) The Federal Law on General Provisions concerning Legislation on Social Insurances of October 6, 2000 (LPGA) The benefits of the LAI aim at preventing, reducing or eliminating invalidity thanks to appropriate, simple and suitable rehabilitation measures, at compensating the permanent economic effects of invalidity by covering the basic needs in an appropriate way, and at helping the insured persons to lead an autonomous life. Persons who are insured through either the compulsory or the optional scheme under the LAVS are also insured under the LAI. The LAVS applies by analogy. - Invalidity is full or partial earnings incapacity, presumed to be permanent or of long duration. Earnings incapacity is any reduction of all or part of the insured person s earnings possibilities in a balanced labour market that comes into consideration, if this reduction results from physical, mental or psychological impairment and persists after completion of the required treatments and rehabilitation measures. Only the consequences of impairment to health are taken into consideration when assessing earnings incapacity; there is earnings incapacity only if it is objectively insuperable. Invalidity may be due to congenital disease, sickness or accident; - Insured persons under the age of 20 who are not engaged in paid employment are deemed disabled if they are affected by physical, mental or psychological impairment which is likely to result in full or partial earnings incapacity; - Insured persons over the age of 20 who were not in gainful employment before being affected by physical, mental or psychological impairment, and who are not required to be are deemed disabled if the impairment prevents them from carrying out their usual activities. Invalidity is deemed to have occurred as soon as it is, by reason of its nature and its gravity, such as to give entitlement to the benefits in question. EARLY DETECTION Aim Reporting Procedure To prevent invalidity for persons in work incapacity. Early detection is optional. The case of an insured person may be reported to the AI Office for early detection if the insured person has been in work incapacity for a minimum uninterrupted period of 30 days or if he/she has been, for health reasons, repeatedly absent from work for short periods of time over one year. The AI Office examines the personal situation of the insured person, especially his/her work incapacity, and determines if early intervention measures are appropriate.

25 BASIC PENSION INSURANCE (1st pillar) INVALIDITY INSURANCE (continued) BENEFITS Reduction or refusal of benefits Early intervention measures, rehabilitation measures and daily cash benefits, pensions (ordinary and extraordinary), helplessness allowance, personal assistance allowance. The insured person must undertake everything that can be reasonably required of him/her in order to reduce the duration and the extent of work incapacity and in order to prevent invalidity. He/she must take an active part in the implementation of all reasonable measures which contribute to maintaining his/her current job, to his or her rehabilitation in professional life or to the exercise of a comparable activity (usual activities). If he/she does not fulfil these obligations, benefits may be reduced or refused. EARLY INTERVENTION MEASURES Aim To keep insured persons in work incapacity in their current job or to allow their rehabilitation in a new job in the same company or elsewhere. There is no legal entitlement to early intervention measures. Type of benefit Workplace adjustment, training courses, job placement service, professional advice, socio-professional rehabilitation, occupation programmes, etc. Duration Early intervention ends with: - the decision to implement rehabilitation measures; - the communication that no rehabilitation measures can be implemented successfully and that the right to a pension is being examined; - the decision according to which the insured person is neither entitled to rehabilitation measures nor to a pension. Maximum amount The amount of early intervention measures can not exceed Sfr. 20,000. per insured person.

26 BASIC PENSION INSURANCE (1st pillar) INVALIDITY INSURANCE (continued) REHABILITATION MEASURES AND DAILY CASH BENEFITS Claim prerequisites Child-care and assistance allowance - To be subject to compulsory or optional insurance (special conditions for persons who are less than 20 years of age). - Invalidity or threat of invalidity, to the extent that earnings capacity or the capacity to carry out usual activities, regardless of the engagement in paid employment before occurrence of invalidity, may be re-established, maintained or improved by such measures (except for medical measures in case of congenital disease and auxiliary equipment). - For foreign nationals, in addition at least one year of contributions or ten years of residence in Switzerland without interruption (special conditions for foreigners who are less than 20 years of age). The rehabilitation measures take place in Switzerland (in exceptional cases abroad). The insured person not engaged in paid employment who lives in the same household as one or several children under 16 or other members of the family is entitled to a child-care and assistance allowance, under certain conditions. Type of benefit: - Medical measures for insured persons under the age of 20 - Reintegration measures preparing for occupational rehabilitation - Occupational measures - Auxiliary equipment - Medical measures which do not treat the sickness as such but are directly required for occupational rehabilitation or for the rehabilitation in order to carry out usual activities. - Medical measures which are necessary for the treatment of congenital disease. - socio-professional measures: measures to get accustomed to work process, to stimulate the motivation at work, to stabilize personality and to develop basic socialization; - occupation programmes: programmes aiming at maintaining a daily structure until occupational rehabilitation measures are implemented or until work relationships start on the ordinary free labour market. Professional advice, initial occupational training, occupational retraining, job placement service or placement on trial (with, if needed, an induction allowance paid to the employer or an allowance for the increase in the contributions to mandatory occupational benefit plans or to the sickness daily allowance insurance), capital assistance. Orthopaedic apparatus, hearing aids, motor vehicles, guide dogs for the blind, special tools, etc. (list established by the Federal Council) i) in order to engage in paid employment, or to carry out usual activities, to maintain or improve earnings capacity, to study or learn a profession or for training, or for purposes of functional readjustment; ii) in order to move about, to establish contact with surroundings or to develop personal independence, regardless of earnings capacity. Daily cash benefits - The insured person is entitled to a daily cash benefit during rehabilitation if, during at least three consecutive days, he/she is prevented from engaging in paid employment by the rehabilitation measures, or if he/she is incapable of carrying out his/her usual activities to the extent of at least 50%. - The insured person who takes part in initial occupational training as well as the insured person who is under 20 and who has not engaged in paid employment yet are entitled to a daily cash benefit if they have totally or partially lost their earnings capacity.